Sudipta Lenka Vs. State of Odisha Ors.
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Head Note
Indian Penal Code,1860 - Section 302 , Section 120-B , The Code of Criminal Procedure, 1973 - Section 173 (8)
Whether a criminal case in which a charge sheet has been filed by the local/state investigating agency can/should be referred to Central Bureau of Investigation for further investigation? - A young law student of Bangalore, who belongs to the State of Odisha, has filed the present application under Article 32 of the Constitution highlighting what she has perceived to be a serious infringement of the fundamental rights guaranteed by Article 21 consequent to a tragic incident wherein one Itishree Pradhan was set ablaze on 27.10.2023 at a place called Tikiri located in Rayagada District in the State of Odisha. The unfortunate victim of the incident died on 01.11.2023 - Held - Transfer of the investigation to the Central Bureau of Investigation or any other specialised agency, notwithstanding the filing of the chargesheet, would be justified only when the Court is satisfied that on account of the accused being powerful and influential the investigation has not proceeded in a proper direction or it has been biased. Further investigation of a criminal case after the chargesheet has been filed in a competent court may affect the jurisdiction of the said Court under Section 173 (8) of the Code of Criminal Procedure. Hence it is imperative that the said power, which, though, will always vest in a Constitutional Court, should be exercised only in situations befitting, judged on the touchstone of high public interest and the need to maintain the Rule of Law.
Topic(s)-
Important Decision(s)- Whether a criminal case in which a charge sheet has been filed by the local/state investigating agency can/should be referred to Central Bureau of Investigation for further investigation? - Held - Yes.